Justice Watch: The Alliance for Justice Blog

January 2009

Only moments ago, President Barack Obama, with Lilly Ledbetter at his side, officially signed the Lilly Ledbetter Fair Pay Restoration Act into law. This morning’s bill signing was historic on several levels. It was the first bill to be signed by our nation’s first African-American president, and was ushered through Congress with the help of the first female speaker of the House.

While this law is by no means an end to the struggle for equality, it is most certainly an exciting step, reversing the disastrous Supreme Court decision in Ledbetter v. Goodyear, and making it easier for workers to fight discrimination.

In a statement released this morning, AFJ President Nan Aron said “we owe a debt of enormous gratitude to Lilly Ledbetter. This woman from Gadsden, Alabama never gave up the fight, despite enormous odds and personal sacrifice. She stood up for millions of working Americans, even though she will not personally benefit from the law the bears her name…We thank Lilly for leading the way to fairness and justice for all.” It is, at long last, a new day in Washington.

This morning, the Senate Judiciary Committee voted to recommend confirmation of Eric Holder as the next attorney general to the full Senate. The 17-2 vote was historic in the sense that, if approved, Mr. Holder would be the first African American to serve as attorney general. The full Senate could vote on his nomination as early as tomorrow.

The two senators who voted against Mr. Holder’s nomination were Sen. John Cornyn (R-TX) and Sen. Tom Coburn (R-OK). Oddly enough, both men were staunch supporters of former Attorney General Alberto Gonzales, and criticized those Democrats who opposed his confirmation for supposedly putting politics ahead of governing.

In a statement released this morning, AFJ President Nan Aron said “Mr. Holder’s record and testimony demonstrate his independence, his fairness [and] his ability to serve the nation well as…attorney general. The full Senate should follow the example of their fair-minded colleagues on the Judiciary Committee who supported Eric Holder. Now is the time to stand up for the rule of law, the future of the Justice Department and the interest of the American people by confirming Eric Holder.”

The Washington Postpublished an editorial today in which it praised President Obama’s nominees to the Justice Department’s Office of Legal Counsel (OLC). While the OLC is not an office widely recognized by anyone outside of the beltway, its influence is enormous, and the nominees selected by the president show how serious he is about returning a sense of openness and justice to the department that bears its name.

The OLC under the Bush administration was the source of many of the now-infamous torture memos, which were used to provide legal cover to those who believed that “enhanced interrogation” techniques were crucial to our national security. Dawn Johnsen, who served as acting assistant attorney general in the OLC under President Clinton, was one of the most vocal critics of the transformation of that office under President Bush. Her selection to lead the OLC now shows just how different the new president’s approach will be.

Oddly enough however, some Republicans are using her statements opposing the OLC torture memos and the office’s general tendency towards secrecy as reason to grandstand over her nomination. Interestingly, when the president announced Ms. Johnsen’s nomination, Rep. Lamar Smith (R-TX), ranking member of the House Judiciary Committee — which plays no role in the confirming of presidential nominees — said that he had “significant concerns considering her position on the intelligence community’s ability to conduct interrogations and critical, time-sensitive intelligence to prevent terrorist attacks.”

Ms. Johnsen’s confirmation hearing is not scheduled to take place for another month, but considering the stall tactics faced by Eric Holder, President Obama’s choice for attorney general, we aren’t holding our breath that hers will be a smooth one. We’ll be sure to keep you updated on her and other nominees’ hearings.

Well, 2009 is certainly off to a great start for working women. The House and the Senate have both passed versions of the Lilly Ledbetter Fair Pay Act, which will help ensure that women receive equal pay for equal work. And today, the Supreme Court released its decision in Crawford v. Metropolitan Government of Nashville, which stated that an employee is protected by Title VII from retaliation by his or her employer when cooperating with an internal discrimination investigation.

Writing for the majority, Justice David Souter said that “the question here [was] whether this protection extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer’s internal investigation. We hold that it does.” In a statement released today, AFJ President Nan Aron said “Today’s decision is a victory for workers in the ongoing fight for equality in the workplace. The Court recognized that the law serves to protect those who stand up against discrimination, rather than shield those who stoop to retaliation.”